What to Do After an OQTF?

Update on the reform of decisions to withdraw and refuse to stay accompanied by an obligation to leave French territory.

The law of July 24, 2006 on immigration and integration brought about a major reform of expulsion measures. A decree was to adapt the code of administrative justice for the entry into force of this text. This has been done since the publication (OJ of December 29) of the decree of December 23, 2006.

The reform considerably restricts the rights of those concerned by no longer allowing them to make an appeal beyond the period of one month from the notification of the refusal of stay and the OQTF. After this period, if the foreigner has not seized the court, he may be removed from French territory at any time without legal possibility to oppose it. The fact of having seized the court within a period of one month does not prevent the placement of the foreigner in detention either. However, a judge will have to rule before his effective removal.

In order to help defend the people receiving a decision to withdraw or refuse to stay accompanied by an OQTF (Obligation to leave French territory), ADDE, Cimade, Fasti, Gisti, LDH and the Mrap publish a practical note.

This publication analyzes the new regulations, details the possible remedies and is supplemented by an example of a request to challenge before the administrative court both the decision to refuse to stay and the OQTF that accompanies it.

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